|
The bailiff company is charging you "fees" on top of your court fine Parliament has never approved any fee schedule to be applied for the recovery of court fines.
Some bailiff companies say they have a "contract" that enables bailiffs to recover fees by taking control of goods. The High Court as proven this to be false. One of Britain's most senior judges Lord Justice Elias confirmed there is no contractual obligation on defaulters to pay fees of the enforcement company. JBW Ltd v Ministry of Justice [2012] EWCA Civ 8 (see paragraph 38) He also confirmed the enforcement company bears the risk of running the enforcement service if they are unable to recover the fine, or their fees. Section 78(5) of the Magistrates' Courts Act 1980 says bailiffs commits an offence if he makes an improper charge. Making a false representation to obtain a money transfer commits an offence under Section 2 of the Fraud Act 2006. If you've lost money to any type of fraud, report it to Action Fraud by calling them on 0300 123 2040. If you know the criminals behind doorstep fraud, then call Crimestoppers anonymously on 0800 555 111 or using their online form. If the fraudster is a bailiff company, they are not in a class above the law. Police follow a list of criteria for deciding whether to investigate a fraud. You must learn the criteria and set out your complaint so it fits neatly into it. Otherwise police will say your complaint is a "civil matter". One bailiff company, Collectica Ltd has a policy of conceding to refunding you the fees at the 11th hour or a day before your claim hearing date, but will make you sign a confidentiality agreement (a gagging order) preventing you from going to the media. Marston Group, for example, has an operative pretending to be a helper on the bailiffs section of the Consumer Action Forums. She seeks out members having a bailiff problem. The operative then lures members away from public scrutiny by sending private messages to offer (unlicensed) debt counselling services, and arranges for them to pay the £300 fees to the bailiff company. She will even offer to mediate and set up a payment plan! This article explains the legal position on bailiffs fees.
Challenge the fees with the court service and copy in the bailiff company and your MP.
Always copy in your MP. It is unlikely Parliament intended private companies defrauding defaulters in this way. See the Parliamentary Ombudsman. Say this is a time-critical matter and an early remedy is needed. If you already paid the bailiff's fees within the last six years then this template can get your money back. After you have asked the bailiff company for your money back, you have a right to reclaim the money using the Small Claims Track, but you need to find out how much you were fined by speaking to staff at the sentencing Magistrates court. If they resist your request, then you can reclaim the fees in the small claims court and the judge can order them to produce the genuine warrant of control. The fine amount cannot be increased unless you are re-sentenced and the new fine must be compliant with the sentencing guidelines prescribed by the Sentencing Council. Section 82(4) of the Magistrates' Courts Act 1980 says you must be re-means tested. If a bailiff tried, or has charged you £300 in fees on top of a court fine, then you can contend that he is of dishonest character and you can make a Formal complaint about a bailiff. Make a formal complaint and get your MP involved.
There is also a significant criminal element to increasing a court fine by adding fees under false pretences especially when a court has not |
